Agenda Packets - 2005/05/09 - Laserfiche WebLink

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Mounds View City Council April 25, 2005 Regular Meeting Page 5 Ms. Prososki stated that Elizabeth Stoltz is requesting a conditional use permit for a residential 1 kennel to be located at 8370 Pleasant View Drive. She noted that the CUP up to four signatures 2 noting that the requirement has been met and submitted. She stated that the applicant is 3 proposing to keep three dogs as pet noting that the dogs are only outside when the owners are 4 home. She stated that staff ran a check with the Police Department and found that a complaint 5 was made on March 5, 2005. She stated that staff also ran a check with the St. Paul Police and 6 found no complaints had been filed during the time they lived in St. Paul. She noted that it 7 appears the request is not consistent with the Comprehensive Plan and Staff has received a lot of 8 public comments regarding the kennel. She stated that most were concerned about the barking 9 and added noise to the neighborhood. She stated that staff is reluctant to make the owner get rid 10 of one of pets noting that the Planning Commission held a hearing on April 6, 2005 and 11 recommended approval with the intent to review the application in six months. She stated that 12 placing a time review would not be an option because Staff found, during the review of the 13 application, that a time limit could not be placed on a conditional use permit. She further 14 explained that the Applicant has the right to waive their rights for 90-days and did so. She noted 15 that one of the residents originally against the kennel is now ok with dogs. She stated that the 16 resident has been able to spend some time getting to know the dogs and no longer has a concern. 17 18 Council Member Thomas noted that it was mentioned that a review of the CUP would be an 19 issue and asked what a review of the CUP application would entail and would Council’s action 20 be to approve the permit. 21 22 Ms. Prososki stated that the Planning Commission asked for the review. She noted that the 23 applicant is new to the neighborhood and both the Planning Commission and the neighbors 24 believe that the dogs will eventually settle into the neighborhood. 25 26 Council Member Thomas asked if the City has the option to revoke the permit and are there time 27 limits applied to the permit. 28 29 Director Ericson explained that City Council has the authority to revisit the conditional use 30 permit. He further explained that by resolution and a public hearing, the City Council could 31 revoke the permit noting that there would have to be reasonable issues and concerns to warrant 32 the review. 33 34 Ms. Prososki stated that Barb and Steven Fisher, Pleasant View Drive, were unable to attend due 35 to a previous commitment and provided their concerns in writing. She read the letter to Council 36 noting that the Fishers are distressed that so little credence is given to the immediate neighbors 37 concerns. She indicated that all of the neighbors to the immediate north, south and east have also 38 expressed concerns about allowing three dogs. Mr. and Mrs. Fisher, in the letter read by Ms. 39 Prososki, indicated that the dogs are kept inside most of the time but she can still hear them 40 barking. Mr. and Mrs. Fisher expressed concerns that Council is making a decision based on 41 their personal views versus the concerns of the current residents. They asked the Council not to 42 make an arbitrary decision but to make the decision based on specific criteria. The Fishers asked 43 what criteria is used and whether the Community, Council and City Staff have had the 44 opportunity to review and approve the criteria. The Fishers noted that it would save on time and 45